45. Execution of decrees to be transferred to Collector in certain cases.
(1)In the case of any specified ward of the Court, the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may [x x x] [The word 'with the previous sanction of the Governor-General-in-Council' were omitted by the Devolution Act. 1920 (Central Act XXXIII of 1920.] declare by notification in the Official Gazette that execution of decrees passed by Civil Courts, which are capable of execution by sale of any immovable property of such ward, or which in pursuance of a contract specifically affecting any such immovable property order the sale of the same, whether such decrees be passed prior to such notification or subsequent thereto, shall be transferred to the Collector of the district in which such property or any portion thereof is situate and rescind such notification:Provided that when a portion only of a decree passed by a Civil Court is of the description aforesaid, such portion alone shall be transmitted to the Collector for execution.(2)The [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may also notwithstanding anything, contained in the [Code of Civil Procedure] [See now Central Act V of 1908.] prescribe rules for the transmission of the decree from the Civil Court to the Collector, and for regulating the procedure of the Collector in executing the same, and for re-transmitting the decree from the Collector to the Civil Court.(3)Rules under this section may confer upon the Collector or any Gazetted Subordinate of the Collector all or any of the powers which a Civil Court might exercise in the execution of the decree if the execution thereof had not been transferred to the Collector, including the powers of the Civil Court under sections 294 and 312 of the [Code of Civil Procedure] [See now Central Act V of 1908.] and may provide for orders passed by the Collector or any Gazetted subordinate of the Collector or orders passed on appeal with respect to such orders, being subject to appeal to, and revision by superior revenue authorities as nearly as may be as the orders passed by the Civil Court, or orders passed on appeal with respect to such orders, would be subject to appeal, to and revision by, appellate or revisional Civil Courts under the Code of Civil Procedure or other law for the time being in force if the decree had not been transferred to the Collector.(4)A power conferred by the rules upon the Collector, or any Gazetted subordinate of the Collector, or upon any appellate or revisional authority, shall not be exercisable by the Civil Court which passed the transferred decree or by any Civil Court in exercise of any appellate or revisional jurisdiction which it has with respect to decrees or orders of the aforesaid Civil Court.(5)In executing a decree transferred to the Collector under this section, the Collector shall be deemed to be acting judicially within the meaning of the Judicial Officers' Protection Act, 1850.
